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Second Amendment & the Right to Keep and Bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Second Amendment protects the right of the people to keep and bear arms for defense of life and liberty.

In U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894) and U.S. v. Miller (1939), the Supreme Court recognized that the amendment protects an individual right. It has never taken a different view. However, in Salina v. Blaksley (1905), the Kansas Supreme Court invented the idea that the amendment instead protected a “right” of a person to keep and bear arms only while serving in a state militia, and in U.S. v. Tot (1942), the U.S. Court of Appeals for the Third Circuit advanced the idea that the amendment protects the “right” of a state to have a militia.

In District of Columbia v. Heller (2008), the Supreme Court heard its first case specifically centered on whether the amendment protects an individual right to arms. Gun control supporters advanced essentially the "Salina" argument, but the Court, consistent with its previous rulings in Second Amendment-related cases, ruled that the amendment protects an individual right to keep arms and to bear arms "in case of confrontation," without regard to a person’s relationship to a militia.

In McDonald v. Chicago (2010), the court extended the Second Amendment's protection nationwide.

Issue Articles
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Monday, February 12, 2018

Florida: Outback Steakhouse: No Rights, Just Rules

Be warned:  Your Second Amendment rights end when you cross the threshold of an Outback Steakhouse.  Further, your ...

USA Today  

Tuesday, February 6, 2018

Second Amendment law lessons: Look beyond the courts for freedom

In 2008, the United States Supreme Court held, in District of Columbia v. Heller, that the Second Amendment ...

WGN  

Monday, February 5, 2018

Illinois high court says gun ban near parks unconstitutional

An Illinois law banning guns within 1,000 feet of public parks violates a right under the Second Amendment ...

California: Pro-Gun Bills Fail to Pass Public Safety Committees

Tuesday, January 9, 2018

California: Pro-Gun Bills Fail to Pass Public Safety Committees

Today, the Assembly Public Safety Committee failed to pass Assembly Bill 1394, sponsored by Assembly Member Travis Allen (R-72). AB ...

USA Today  

Thursday, December 28, 2017

Lawyers' group fuels Republicans' ire over its negative reviews of Trump judicial picks

Along the way, the ABA also has supported gun control and same-sex marriage and has opposed the death ...

National Review  

Tuesday, December 19, 2017

No, Salon, the U.S. Was Not ‘Founded on Gun Control’

"The U.S. was actually founded on gun control. . . . If you study your history, you’ll see ...

Thursday, December 7, 2017

Florida Action Report: Florida Carry cuts off its nose to spite its face – AGAIN

Once again Florida Carry, Inc. has demonstrated a lack of concern for Concealed Weapons and Firearms License holders.  ...

Wednesday, November 29, 2017

Florida Action Needed: Judicial Misconduct on Florida Supreme Court

Florida Supreme Court Justice Barbara Pariente has been caught in an act of what we believe is clear ...

Washington Post  

Wednesday, November 29, 2017

Ohio appellate court: Ban on firearms in restraining order may violate Second Amendment

Many civil protection orders, especially in domestic violence cases, ban the target from possessing guns. Courts generally uphold ...

Washington Post  

Tuesday, November 28, 2017

Supreme Court won’t review Maryland’s law banning sales of commonly-owned semi-automatic firearms

The justices in the past have passed up the chance to hear challenges to similar laws in a ...

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.